The Solicitors Regulation Authority treats sexual harassment in the workplace as serious misconduct.
There are two issues; the sexual harassment and the non disclosure agreements (NDAs) which are then used by employers to suppress what has happened. Both can be seen…

In a current consultation, the Solicitors Disciplinary Tribunal (SDT) is looking at the standard of proof in its proceedings.
The difficult questions
Should a solicitor be struck off for dishonesty if the SDT is not sure whether he has been dishonest? Is…

Breaches of the SRA Accounts Rules 2011 can happen in any firm, no matter how well managed. But there are things you can do to minimise their occurrence.
The breaches can range from minor bookkeeping errors to sophisticated employee frauds. No…

Hot on the heels of Michalak v GMC[1], the Supreme Court dealt with another case which arose in the context of a discrimination claim brought against a statutory regulator arising out of the regulator’s disciplinary proceedings.
O’Connor v Bar Standards Board[2]
In…

The law relating to dishonesty has recently changed. In Ivey v Genting Casinos [2017] UKSC 67 the Supreme Court set out the test for dishonesty in the following way:
‘When dishonesty is in question the fact-finding tribunal must first ascertain (subjectively)…

The Solicitors Regulation Authority (SRA) is investigating solicitors firms which have acted for claimants on holiday sickness claims. That follows the disquiet expressed by the government, ABTA and tour operators on false claims. Solicitors should be prepared for a detailed…

Protection of confidentiality and privilege is a principal tenet of legal practice. In an era of cloud computing, ransomware attacks, and perpetual concern about cybersecurity, ensuring that information given to and held by solicitors is secure is of paramount importance.
Confidential…

This article dispels any concern that the Human Rights Act 1998 (HRA 1998) might be abolished by Brexit and looks at the effect which the Act has on disciplinary proceedings.
The European Convention on Human Rights
There is no direct connection between the European Convention…

Intervention, the death knell for a law firm, is the most draconian and irreversible measure in the SRA’s regulatory arsenal.
Usually treated as a single whole, in fact intervention describes a bundle of rights which the SRA may invoke to take control of client funds and files, suspend practising certificates, and vest in…